Rodriguez v. CDN Logistics, Inc et al. (2004)

Recovery: $950,000.00

This tragedy occurred in the middle of the night on a two (2) lane highway in South Florida when one tractor trailer collided with another tractor trailer in a head-on collision. Our client’s husband was killed instantly in the wreck. The other driver walked away from the wreck without any serious injuries; however his stepson, who was riding as an unrestrained passenger in the sleeper berth, was also killed in the wreck. In addition to the liability issues (the defendant driver claimed that our client had crossed into his lane), there were also very complicated insurance issues, with multiple policies and riders, with limited coverage, with denials of coverage, with subrogation claims, etc. While litigating the wrongful death action in Florida state court, we also litigated a declaratory judgment case on the insurance denial in federal court in Tampa. After protracted litigation and a failed mediation, the case resolved after the case was called for trial.

The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past results. Upon request, Davis & McCabe, P.A. will mail you a list of the firm’s history since 1999 in obtaining favorable and unfavorable verdicts, the firm’s history in collecting favorable verdicts, the types and complexity of cases handled by the firm which have gone to verdict, a description of whether liability and/or damages were contested in cases which have gone to verdict, and whether the opposing side in a trial was represented by counsel.

Harrell v. Pate-Dawson Company (2007)

Recovery: $750,000.00

Our client was riding a bicycle on a US highway at night when he was struck from behind by an eighteen wheeler. The truck driver told the police that the bicyclist had darted out into the road from a side street. Our accident reconstructionist determined that this was not the case based upon the tire impressions and gauge marks from the bicycle – our client was riding in a straight line down the road when he was hit. After the crash, the medical examiner tested some of our client’s blood for alcohol and came up with a .25 BAC, more than 3 times the legal limit. We challenged the blood-alcohol result and discovered that no one could testify that they actually drew the blood, and there was absolutely no chain of custody regarding the blood sample. Therefore, we were confident that we would be able to keep the BAC result from coming into evidence at trial. We also attacked the truck company because the truck driver had multiple log books in his truck. We discovered that the driver had been on duty for more than 23 hours at the time of the crash. Our discovery also uncovered a long and ugly practice by this company of requiring its drivers to violate the Hours of Service Regulations.

The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past results. Upon request, Davis & McCabe, P.A. will mail you a list of the firm’s history since 1999 in obtaining favorable and unfavorable verdicts, the firm’s history in collecting favorable verdicts, the types and complexity of cases handled by the firm which have gone to verdict, a description of whether liability and/or damages were contested in cases which have gone to verdict, and whether the opposing side in a trial was represented by counsel.

Estate of Norman W. Barnette

Recovery: $750,000.00

Three teenagers were attempting to steal money from an ATM machine in Charlotte. Responding to a “911” call, police were dispatched to the scene. When police arrived, the robbers jumped into a stolen mini-van and attempted to flee the scene. The robbers threw the van into reverse and drove backwards out of the parking lot. The robbers backed into oncoming traffic and broadsided a truck being driven by decedent Norman Barnette. The impact flipped Mr. Barnette’s truck, causing him to suffer fatal injuries. Since the van was stolen, there was no liability insurance available. Accordingly, Davis & McCabe filed an uninsured motorist claim with Mr. Barnette’s insurance company. After extensive investigative and ensuing negotiations, the case was settled without a lawsuit having to be filed.

The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past results. Upon request, Davis & McCabe, P.A. will mail you a list of the firm’s history since 1999 in obtaining favorable and unfavorable verdicts, the firm’s history in collecting favorable verdicts, the types and complexity of cases handled by the firm which have gone to verdict, a description of whether liability and/or damages were contested in cases which have gone to verdict, and whether the opposing side in a trial was represented by counsel.

Free Evaluation

Are you seeking a lawyer for legal representation in a trucking related accident? Please fill out the form and we will promptly get back to you!